From the above discussion, it is clear that the working of the WBSIC is not up to date. They commit mistakes while sending the application to the PIOs. They themselves try to decide the first appeals and so on. When Mr. Linardni submitted application with quotation "First appeal under the RTI Act", the Commission had to forward it to the AA, but the Commission took cognizance itself on the appeal.
In such circumstances, the application can both be treated as complaint or the appeal. If it is treated as a complaint, the Commission may inquire into the matter and if it is treated as appeal, then the Commission will affort an opportunity of hearing to the applicant or it will be disposed of as per the procedure laid down in the rules made by the W.B. Govt. However, I would like to make it clear that it the Commission treated it as an appeal, then the applicant will lose its right of second appeal or further appeal as no appeal lies from the decision of the Commission.
In such cases the only remedy is to approach HC under Article 226.